Leo Vegas Affiliate Partner Terms and Conditions
Effective Date: 1st March 2018
IT IS IMPORTANT THAT YOU READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THESE SERVICES.
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS FORMS A BINDING CONTRACTUAL AGREEMENT BETWEEN YOU AND LEOVEGAS GAMING PLC, A COMPANY THAT FORMS PART OF THE LEOVEGAS MOBILE GAMING GROUP.
WHEN USING THIS WEBSITE AND/ OR REGISTERING AS AN AFFILIATE WITH THE LEOVEGAS AFFILIATE PROGRAM, YOU AGREE TO BE LEGALLY BOUND BY, AND COMPLY WITH, OUR TERMS AND CONDITIONS.
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The value of free credits, fraud adjustments or cash handed out to Referred Players by the casino or any other direct costs incurred to maintain the loyalty of a Referred Player (e.g. the cost of a gift to a Referred Player).
These Terms and Conditions, and, where applicable, any other contractual document concluded between the Parties in relation to the Affiliate Programme. To the extent that the said contractual document is governed by these Terms and Conditions, any reference to ‘the Agreement’ as included therein shall also mean a reference to these Terms and Conditions. Further, any reference to ‘this Agreement’ in these Terms and Conditions shall also include and refer to such contractual document.
For the avoidance of doubt, these Terms and Conditions shall supersede any other terms and conditions applicable to such contractual documents concluded between the Parties.
A person (whether an individual or a company) who has registered and been accepted by LeoVegas as an Affiliate of the LeoVegas Affiliate Program.
An individual and/or entity which You have a business relationship with and who operates for You with the intention of driving traffic to LeoVegas, or that You direct in any appropriate manner to LeoVegas and who does not have an account directly with LeoVegas but is connected to Your account. For the avoidance of doubt, this shall not include Sub-Affiliates.
The Affiliate Program operated by LeoVegas.
All laws, statutes, regulations, edicts, bye-laws, mandatory codes of conduct and mandatory guidelines, whether local, national, international or otherwise existing from time to time, which are legally binding on either Party and which are applicable to that Party’s rights or obligations under this Agreement.
Balances Carried Over
In the calculation of Commission where Net Win is negative due to Customer winnings and/ or Admin Fees and/ or Cash Items and/ or Progressive Contributions the said balance will be set to zero. A negative balance due to Fraud Costs will however be carried over where applicable.
However, we reserve the right to carry forward any negative balances in our absolute discretion (or alternatively exclude any Turnover generated by a Player from the calculation of Gross Revenue) where we consider that such negative balance (or Turnover) has arisen through extraordinary or occasional events, which for these purposes shall include (without limitation) where a Customer wins a large amount and immediately restakes his/her winnings.
The ‘LeoVegas’ and/or ‘LeoVegas Sport’ brands, including without limitation any and all of the trademark registrations/applications of the Group, any taglines or marketing slogans used by the Group, as well as any other brands (whether registered or unregistered) owned and /or used by the Group, as may be indicated by LeoVegas from time to time.
The reversal of a payment made previously to LeoVegas by a Referred Player or the credit card-issuing bank or any other third party payments solution provider. Chargebacks are regarded as Fraud for the purposes of calculating net revenues.
A ‘Cost-Per Acquisition’ deal, whereby LeoVegas pays You a predetermined amount for each Referred Player.
An individual referred or directed by You in any appropriate manner to a Product offered by LeoVegas who can be linked to Your (or Your organization’s) LeoVegas Affiliate account and/or identity who registers a Customer account with LeoVegas. By opening an account with LeoVegas, that Player will become Our customer and must comply with all Our applicable rules, policies, and operating procedures.
Fees The amounts due to You by Us in exchange for the provision of the services in accordance with the conditions of this Agreement, calculated under the profit-share model, cost-per-acquisition-model, or hybrid model, as the case may be.
Any form of fraud committed by a Referred Player, which in the sole opinion of LeoVegas, is deliberately practiced by a Referred Player and/or an Affiliate in order to secure a real or potential, unfair or unlawful gain, including but not limited to: Fraud Costs;
2. Bonus abuse by a Referred Player or group of Referred Players;
3. Your (or a third party’s) encouragement to a Referred Player to abuse Our bonus offers;
4. Collusion on the part of the Referred Player with any other Referred Player;
5. Your (or a third party’s) offering or providing unauthorised incentives (financial or otherwise) to Players to encourage them to sign up;
6. Dropping or stuffing cookies.
The costs incurred (financial or otherwise) by LeoVegas as a direct or indirect result of Fraud by committed by You, Your employees, Sub-Affiliates, business partners Customers, and/or third parties liked to Your affiliate Account to whom You, as an Affiliate, have introduced Our Products.
The total revenue generated by all LeoVegas Products as a result of all bets and/or deposits by Referred Players introduced to LeoVegas by You.
Any and all of the companies forming part of the LeoVegas Mobile Gaming Group and associated with the Brand.
Any and all intellectual property rights, of all types or nature whatsoever, including, without limitation, patent, copyright, design rights, trade marks, word marks, data base rights, applications for any of the above, moral rights, know-how, trade secrets, domain names, URL, trade names or any other intellectual or industrial property rights (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world.
LeoVegas Gaming plc.
LeoVegas Gaming plc is a company incorporated in Malta, having its registered office at Level 7, The Plaza Business Centre, Bisazza Street, Sliema SLM 1640, Malta and holding company registration number C59314.
Markets All markets in which the Group operates.
The commercial platform (or any other platform as may be indicated by LeoVegas) used by LeoVegas to track Your marketing campaigns.
Gross Win minus bonuses, Fraud Costs, Progressive Contributions and any other network fees.
Either LeoVegas or the Affiliate (jointly referred to as the ‘Parties’).
A percentage of revenue generated on any progressive game that is paid over by Us into the network’s progressive pool.
An online gaming or sportsbook product (including but not limited to casino, poker, bingo, rummy and sports betting) for which professional services are rendered by LeoVegas or the Group.
Profit Share Deal
A revenue-share deal where You receive payment through a profit-share model that is tracked on Netrefer.
Referred Referred Player
A Player who has accessed any of the LeoVegas Products and registered for a cash account directly through one of Your affiliate links. For the avoidance of doubt, players which are already customers of LeoVegas shall not be considered ‘Referred Players’.
An individual and/or entity that You have a business relationship with and who operates for You with the intention of driving traffic to LeoVegas, or that You direct in any appropriate manner to LeoVegas and which has its own Affiliate account with LeoVegas.
Unwanted or unsolicited email or SMS or any other form of communication sent indiscriminately to one or more mailing lists, individuals, or newsgroups. This shall include not having appropriate opt-ins and/or opt-outs prior to the sending of such communication and the lack of maintaining records of the same.
Terms and Conditions
These terms and conditions, titled the ‘LeoVegas Affiliate Partner Terms and Conditions’.
The websites www.leovegas.com, or any other website as may be directed by Us.
Us/ We/ Our
The Group and all related Brands.
You/ Your/ Member
You in Your capacity as a LeoVegas Affiliate and Partner, and any Sub-Affiliates which You may engage pursuant to this Agreement.
1.0 Affiliate Appointment
Your application to be a LeoVegas Affiliate will be reviewed following submission and You will be notified in a timely manner of Our acceptance or rejection of Your application.
If the information provided by You pursuant to Clauses 4.2, 4.12 and 4.13 is deemed insufficient, We reserve the right to withhold pay-out and reject Your application to be a LeoVegas Affiliate.
Upon acceptance into the Affiliate Program, You hereby accept the appointment as an Affiliate partner of LeoVegas. For the avoidance of doubt, any auto-approval by Us does not imply that We may not re-evaluate Your application at a later stage.
You acknowledge that this Agreement does not grant You an exclusive right or privilege to assist Us in the provision of services arising from Your referrals and that You shall have no claims to any Fees or other compensation on business secured by or through persons or entities other than You.
2.0 LeoVegas Affiliates: Your Rights
2.1 Licence to direct Customers to the Website
Upon acceptance as aforesaid, We grant You a non-exclusive, non-transferable, revocable licence, during the term of this Agreement, to direct Customers to the Website, in accordance with the terms of this Agreement.
2.2 Licence to use certain Intellectual Property
During the term of this Agreement, You are granted a non-exclusive, non-transferable, revocable right and license to use the Approved Marketing Material as defined below (hereinafter referred to as “Licensed IP”). The license in conjunction with the Licensed IP granted to You in terms of this Clause shall be conditional and strictly contingent upon the following:
a. The Licensed IP may be used solely and strictly as required for You to fulfil Your obligations under this Agreement;
b. The Licensed IP may not be sub-licensed, assigned or otherwise transferred by You to any third party without Our prior written permission;
c. You may not modify, alter, adjust, remove, crop, manipulate and create any derivate works of the Licensed IP;
d. You shall not, during the term of this Agreement or at any time thereafter, assert the invalidity, unenforceability, or contest the ownership of the Intellectual Property Rights in any action or proceeding of whatever kind or nature, and further You shall not take any action that may prejudice Our rights in the Intellectual Property, render the same generic, or otherwise weaken their validity or diminish their associated goodwill;
e. You may not use the Licensed IP or any Intellectual Property of the Group in a manner that would create a confusion to customers, notably without limitation as to the origin of the marketed goods and services, portray Affiliate as a member of the Group or impersonate the Group;
f. You shall fully comply with Clause 4.3, Clause 4.6, Clause 4.14 and Clause 4.15;
g. You shall fully comply with any other the terms of this Agreement (including any restrictions contained herein);
h. All rights not expressly granted herein shall remain strictly with Us;
i. Your use of any other Intellectual Property of LeoVegas or the Group shall be strictly subject to prior written approval;
j. We shall have a right to revoke the license as provided herein at any time and without cause.
Notwithstanding anything to the contrary, LeoVegas retains the right to request a written agreement signed by both Parties detailing any other terms which LeoVegas at its sole discretion deems appropriate, such as any payment terms, methods of giving notices, other rights and obligations of both Parties and including a term during which You are allowed to make use of such Licensed IP provided You abide by the terms set forth by Us which shall be clearly stated within such agreement.
2.3 Registration of Referred Players / Customers
LeoVegas will register Referred Players / Customers and will track their gaming activity. LeoVegas has the right to refuse Customers (or to close their accounts), if necessary in order to comply with any regulatory or legal requirements that may arise.
2.4 Financial reporting on Referred Player / Customer activity
The style, form, content and frequency of generated reports may, at Our discretion, vary from time to time. You will be provided with remote online access to generated reports of Referred Player activity and the Fees attracted by that activity. To gain access to these online reports, You will need to use Your username and password as provided to You by LeoVegas. We will provide You with a unique tracking link, but it is Your responsibility to ensure that the tracking links You use are in the correct syntax. We cannot track Referred Players referred by You if the links You use are incorrect, so You must ensure to copy the code exactly as presented in the LeoVegas Affiliate centre. We will not be liable to pay Fees on any Referred Players who are not tracked due to modified tracking codes or links. It is Your responsibility to inform LeoVegas immediately if the tracking link provided is broken or does not work correctly.
2.5 Modification of the Terms and Conditions
We may amend, alter, delete, interlineate or add to any of these Terms and Conditions contained in this Agreement, at any time and in Our sole discretion, by posting a change notice or a new agreement on Our site. Such amendments, alterations, deletions, interlineations or additions may include, for example, changes in the scope of available Fees, fee schedules, payment procedures, and referral program rules. Any amendments, alterations, deletions, interlineations or additions to this these Terms and Conditions shall be effective immediately upon notice, by display on the Website and/or on Netrefer (‘Notice’), and shall supersede all previous versions. Your use of the Website and/ or continued marketing of Us or Our Products after such Notice is given to You will be deemed acceptance of such amendments, alterations, deletions, interlineations or additions or the new Agreement should these Terms and Conditions be replaced in their entirety. Be sure to review this Agreement periodically to ensure familiarity with its most current version. PLEASE NOTE: NO PURPORTED MODIFICATIONS, AMENDMENTS, ALTERATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT BY YOU ARE PERMITTED OR WILL BE RECOGNIZED BY US. No employees, officers or agents of LeoVegas may verbally alter, modify or waive any provision of this Agreement.
3.0 Your Warranties
By applying to be registered as a LeoVegas Affiliate, You warrant the following:
a. The information You provide Us on registration is complete, valid and truthful;
b. in the event You are a juristic or legal person, the person submitting the application has the full right, power and authority to enter into this Agreement on behalf of such entity;
c. The execution of this Agreement by such person, and the performance by You of Your obligations and duties hereunder, do not and will not violate any agreement to which You are a party or by which You are otherwise bound;
d. That You have all requisite legal and authority to enter into this Agreement and to carry out and perform Your obligations under the terms of this Agreement;
e. You shall comply with all Applicable Law and regulations related to the performance contemplated under this Agreement;
f. Your performance of this Agreement shall not infringe the Intellectual Property or any other rights of any third party including without limitation right of privacy, right of publicity, contractual or other right of any person, or constitute any libel or slander of any person.
4.0 Your Obligations
You shall permit LeoVegas (or a person on LeoVegas’ behalf) to audit Your books, records, systems, data, marketing communication consents and other materials to ensure compliance with this Agreement
You shall take reasonable steps to ensure the reliability and proper training of Your employees and that such employees understand the data protection and marketing requirements applicable to both the Affiliate and to LeoVegas.
4.1 Your website
You are not allowed to register for the LeoVegas Affiliate Program if Your website is considered unsuitable.
4.2. Direct Marketing and Spam
You shall not send Spam to any person, whether a Customer of LeoVegas or otherwise, at any time.
Any form of any direct marketing communication sent to one or more mailing lists, individuals or newsgroup, notably without limitation via E-mail and/or SMS direct marketing, that concerns whether directly or indirectly LeoVegas or is sent or can be deemed to be sent on behalf of LeoVegas, irrespective of whether to the customer of LeoVegas or otherwise (hereinafter referred to as “Direct Marketing”), shall be s strictly prohibited as of the effective date of the Version 1.6 of these Terms and Conditions, hence 14th of May 2018.
Any Direct Marketing carried out after 14th of May 2018 shall be considered material breach of this Agreement with the respective consequences.
Any Direct Marketing campaigns active prior to the 14th of May 2018 shall be ceased immediately as of 14th of May 2018. You shall notify and confirm to LeoVegas in writing that you have ceased all Direct Marketing campaigns by 14th of May 2018.
Any form of processing and/ or storing of personal data (including without limitation any e-mail addresses, IP addresses, opt in record information) on LeoVegas behalf shall be ceased as of 14th of May 2018, save for the storage of a minimum amount of data that is absolutely necessary to be stored for the purpose of defence, establishment and exercise of legal claims; such data, (including notably opt-in proofs) shall be stored for 1 (one) year and subject to compliance with the security requirements provided in this Clause 4.2(xiv) below.
Any Direct Marketing campaigns (including without limitation email and/or SMS campaigns) carried out prior to 14th of May 2018, shall be subject to and in compliance with the clauses of these Terms and Conditions effective prior to 14th of May 2018. Notably without limitation the following obligations shall be applicable to any Direct Marketing campaigns carried out prior to 14th of May 2018:
i. When obtaining consent from persons to send third party (indirect) marketing communications in respect of LeoVegas, You shall ensure that LeoVegas as well as purpose of such communication is properly identified to such persons and their consent fully cover such communications as well as the respective channel used.
ii. All marketing databases shall be cross-checked against all relevant registers which individuals may have registered with to prevent them from receiving marketing communications (such as the TPS).
iii. All marketing communications sent to individuals shall clearly identify the sender of such communications as well as LeoVegas and shall contain simple, free and appropriate means for the recipient to unsubscribe from future marketing communications.
iv. You shall comply with (and ensure that its performance under this Agreement does not put You and/or LeoVegas in breach of) all applicable data protection, privacy, marketing and electronic marketing legislation, including, without limitation, Directive 95/46/EC, Directive 2002/58/EC, , all national legislation implementing the foregoing Directives (including the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011, the Malta Data Protection Act and all subsidiary legislation), and (where applicable) Regulation (EU) 2016/679, and any other amendments relating to above legislation, or any new legislation pertaining to data protection, including the upcoming EU General Data Protection Regulation Programme.
v. You shall permit LeoVegas (or a person on LeoVegas’ behalf) to audit Your books, records, systems, data, marketing communication consents and other materials to ensure compliance with this Agreement.
vi. You shall immediately notify LeoVegas in the event of any breach of this Clause.
vii. You shall immediately notify LeoVegas in the event that You receive, or have a reason to believe You could receive, a complaint from an individual or a competent regulator in respect of data protection and Your marketing practices.
viii. You shall provide any and all necessary assistance to LeoVegas in LeoVegas complying with its data protection and marketing obligations in respect of this Agreement.
ix. You shall, at the end of this Agreement or following receipt of notice from LeoVegas, immediately cease sending any marketing communications to any persons in respect of LeoVegas Products and/or services.
x. You shall, upon request by LeoVegas, provide all documents, information, data or other materials required by LeoVegas to evidence compliance with this Agreement and with any data protection and electronic marketing communications requirements. (including, without prejudice, evidence of all opt-in consent received by individuals in respect of receiving marketing for LeoVegas products and/or services, when and how such opt-in consents were achieved, and the language provided to individuals to obtain such opt-in consent).
xi. You shall take appropriate technical and organisational measures against the unauthorised or unlawful processing of personal data and/or marketing databases, and against the accidental loss or destruction of, or damage to personal data and/or marketing databases, including:
a. implementing suitable encryption of personal data and/or marketing database
b. pseudonymising personal data and/or marketing databases;
c. regularly testing its security measures; and
d. notifying and training staff and sub-processors (if applicable) of obligations under applicable data protection and marketing legislation.
Any complaints related to Spam or any sort of Direct Marketing whatsoever are deemed direct violation and material breach of this Agreement.
Should We receive any complaints or legal claims regarding Spam or Direct Marketing sent following the 14th of May 2018, selected Clauses 4.2.i-xiv) above shall apply mutatis mutandis as relevant.
Any form of breach of this Clause 4.2, will result in Your account being placed under review immediately and any Fees due to You being withheld pending an investigation We shall be entitled to enforce a Penalty pursuant to Clause 10.4, which will be deducted from Your account. If this occurs, the amount of the Penalty will be deemed fair and acceptable to You. Should the Penalty and/or any additional payment due to Us in accordance with Clause 10.4 (including without limitation expenses and/ or damages in dealing with such breach of this Clause or being blocked by third party Internet Service Providers) not be covered by funds in Your account, We have the right to investigate other alternative means for obtaining these payments from You, including the right to demand direct payment from You on the first demand.
Should You require more information regarding this clause, please contact us at firstname.lastname@example.org. Should You wish to report any incidences of breach of this Clause please contact us at email@example.com.
4.3 Approved Marketing Material
Once successfully registered as an Affiliate of LeoVegas, You will have access to Our banners, text and/ or other online and offline promotional materials and certain Intellectual Property (collectively “Approved Marketing Material”). You may place said materials on Your site, and/ or utilize them via e-mail and/ or direct marketing and/ or social media and/or print media but You may not use any Intellectual Property of the Group (notably without limitation the Brand or related trademarked material) with respect to mobile applications, notably without limitation as keywords for any mobile application or to impersonate Group or create confusion as to the origin and/or nature of
the goods and services provided within the scope mobile application. These are the designated methods by which You may advertise LeoVegas.
It will be Your responsibility to ensure that the use of such Approved Marketing Material is strictly in accordance with any specifications, obligations and/or limitations in these Terms and Conditions and any Applicable Law. LeoVegas reserves the right to request You to take down any form of use of the Approved Marketing Material which it deems to be non-compliant with this Agreement or Applicable Law or infringing Intellectual Property of the Group.
Should You be in any doubt, please contact firstname.lastname@example.org before publication. All Approved Marketing Material must be kept current and You shall utilize new Marketing Material forthwith after it is made available to You by Us.
4.4 Approved Layouts
In the absence of Our prior written approval, You will only be permitted to use Our Approved Marketing Material as made available at the LeoVegas Affiliate Centre, or as supplied directly to You by Us, and will not alter its appearance nor refer to Us, Our Products or Our/ their partners in any promotional materials. The appearance and syntax of the hypertext transfer links are designed and designated by Us and constitute the only authorized and permitted representation of Our Products sites.
4.5 Marketing Compliance
You shall comply with all advertising guidelines and legislation in the relevant Markets for the term of this Agreement, including but not limited to:
i. MGA: www.mga.org
ii. Remote Gaming Regulations: http://www.mga.org.mt/wp-content/uploads/Remote-Gaming-Regulations-438.04_English-version.pdf
b. United Kingdom
i. UKGC: http://www.gamblingcommission.gov.uk
i. ASA Marketing Rules: http://www.asai.ie/asaicode/section-10-gambling/
i. DGA: https://spillemyndigheden.dk/en
ii. Guidelines for operators of betting and online casinos: https://spillemyndigheden.dk/sites/default/files/filer-til-download/guidelines_for_operators_of_betting_and_online_casinos_-_jan18.pdf
iii. Danish Gambling Act: https://spillemyndigheden.dk/sites/default/files/Act%20on%20Gambling.pdf
iv. Danish Marketing Practices Act: http://www.wipo.int/wipolex/en/text.jsp?file_id=126405
v. Guide on the Marketing of Bonus Offers by the Provision of Betting and Online Casino: https://spillemyndigheden.dk/en/news/guide-marketing-bonus-offers.
For the avoidance of doubt, these links are provided solely for indicative and informative purposes and shall not, under any circumstances, be construed as advice provided by LeoVegas as to Your binding obligations, nor shall We be held responsible for the accuracy or completeness of their contents.
4.6 Good Faith / Ethical Conduct
You will not knowingly benefit from known or suspected traffic which, in the reasonable opinion of LeoVegas, is not generated in good faith, including but not limited to traffic generated via Spam or through the use of Intellectual Property of the Group (notably without limitation the Brand) in conjunction with mobile applications or contrary to these Terms and Conditions, whether or not this actually causes damage to LeoVegas or otherwise. For the avoidance of doubt, this includes undertaking any fraudulent activity whatsoever, including, for separate deals like Cost-Per-Acquisition (‘CPA’), referring players which LeoVegas deems low-value.
4.7 Copying of Sites or Theft of Site Content
If it can be reasonably proven that affiliate earnings have been lost due to an incident of copying theft, We reserve the right to pay revenue generated by the offending affiliate to the aggrieved Party. Complaints in relation to this Clause should be sent to email@example.com for investigation.
4.8 Your Restrictions
The following individuals may not and will not qualify as Players: (i) you; (ii) your friends and/or acquaintances; (iii) your close family members and other members of your household; and/or (iv) your employees or consultants contracted on a permanent basis to you..
4.9 Traffic Generated Through an Unsuitable Medium
Any form of traffic that is generated from any medium that is aimed at children, promotes violence, includes pornographic or narcotic material, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promotes illegal activities, or violates any Intellectual Property rights, or are otherwise considered by Us to bring LeoVegas into disrepute or prejudice the interests of LeoVegas in any way or is capable of creation of confusion of the customers, is considered unsuitable, and constitutes a serious breach of this Agreement.
It shall be Your sole responsibility to regularly monitor Your networks and traffic sources to ensure full compliance with this Clause at all times.
4.10 Manipulation/Advising Referred Players to the Detriment of LeoVegas
You shall not advise or incentivise Your Referred Players in any manner which would negatively affect the profitability of the affiliate relationship between You and LeoVegas.
Prohibited activities include but are not limited to advising Referred Players about ways in which LeoVegas’ Products could be abused or manipulated.
If 50% or above of Your Referred Players are betting on a single outcome in relation to a LeoVegas Product, this shall be a material breach of this Agreement with the respective consequences as provided herein.
4.11 Confidential Information
Except as otherwise provided in this Agreement, or except within the Group, or with the consent of any other Parties hereto, all Parties agree that all information, including, but not limited to, the terms of this Agreement, business information and technology concerning Us or You, respectively, or any of Our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its Affiliates. During the term of this Agreement, You may be entrusted with Confidential Information relating to the business, operations, or underlying technology of LeoVegas and/ or the Affiliate Program (including, for example, Fees earned by You under the Affiliate Program). You agree to avoid disclosure or unauthorized use of the Confidential Information to third persons or outside Parties unless You have Our prior written consent and that You will use the Confidential Information only for the purposes necessary to further the purposes of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.
4.12 Data Protection and Privacy
You understand and agree that for the purpose and in terms of this Agreement, shall not, whether for Direct Marketing or otherwise process any personal data on behalf of any company belonging to the Group. In the light of the foregoing, with respect to any data that you process, as such process is to be deemed completely out of the scope of this agreement, you solely determine the purpose and means of processing and therefore you are in terms of Applicable Laws considered a controller of personal data and that You shall be solely responsible for any shall ensure its full compliance with, inter alia, all legislation, obligations and requests, by any authority in accordance with applicable EU data protection legislation or any legislation the jurisdiction in which You and LeoVegas are domiciled or operate in. For the avoidance of doubt, LeoVegas and the Group shall not, under any circumstances, be considered a controller or a processor of personal data respectively for the purposes of this Clause and/or this Agreement.
You warrant that You will co-operate with LeoVegas fully and promptly in the event the LeoVegas requests information on Your data protection practices and You agree that LeoVegas may monitor such data protection practices to ensure compliance with applicable data protection legislation.
detailed information about third party cookies and an explanation as to how these can be disabled (for example, by providing information about how users can customize cookie settings in browser settings for Internet Explorer, Firefox and Chrome). You warrant full compliance, throughout the term of this Agreement with any cookie – related laws that may be applicable.
We process, as a controller, your personal data, including without limitation the name and surname of your employees, email addresses, IP addresses, payment details under the following conditions:
Purpose of processing:
performance of this Agreement and fulfilment of the obligations contained herein,
To comply with legal obligations laid down by the applicable laws
To pursue various legitimate interests, such as public relations and customer relations management, defence of legal or other claims
Legal basis of the processing:
necessity for the performance of the contract
compliance with legal obligations
Recipients of the data:
payment providers and other similar processors
Authorities and state bodies
Customers, players and complainants, as the case may be
Transfer of the personal data:
Your data will be stored for the duration of the contract and following the termination of the Agreement your data will be stored in lien with the requirements laid down by the applicable laws (notably without limitation tax regulations) and in order to establish, defend and/or exercise legal claims.
Further to above, You acknowledge that it may be necessary for the performance of this Agreement to share Your data, including Your personal data, with other companies within the Group including without limitation in order to grant or enforce the license to the Licensed IP and/or to process payments and manage the relations with the affiliates. Likewise, you understand and acknowledge that we and/or any company within the Group may be obliged to share your data, including Your personal data, with authorities and/or data subjects to comply with legal obligations or to exercise legitimate interests as discussed above.
Likewise, please note that you have the right to at any time:
Request access to the personal data
Rectification of the personal data
Erasure of the personal data
Restriction of processing of the personal data
Object to the processing of the personal data
Withdraw your consent at any time
Lodge a complaint with a supervisory authority
4.13 Anti-Money Laundering
You may not directly or indirectly benefit from, or be a party to, any money laundering or related illegal activities. It is recorded that some jurisdictions in which We operate have strict laws on money laundering that may impose an obligation upon Us to report You to the federal or local authorities within such jurisdictions if We know, suspect or have reason to suspect that any transactions in which You are directly or indirectly involved, amongst other things, involve funds derived from illegal activities or are intended to conceal funds derived from illegal activities or involve the use of the LeoVegas Affiliate Program to facilitate criminal activity.
You shall comply fully and promptly with any anti-money laundering related requests as may be required from You by LeoVegas.
4.14. “Limitations on Advertising”
The following shall be strictly prohibited:
a. loper/operator of the mobile application
You may not place digital advertisements on websites providing unauthorised access to copyrighted content or otherwise infringing any intellectual property of third Parties.
4.15 Trademark Infringements
You acknowledge that Group has registered trademarks in relation to the Brand and agree that You shall not infringe or threaten to infringe, or carry out any unauthorised use of the Brand, the Products, or any other Intellectual Property of the
a. use of domain names (SLD) or brand names that are similar to the Brand and/or LeoVegas, LeoVegas Casino, LeoVegas Sport and/or variations thereof or words that are confusingly similar, or
b. any bid made by You to any Internet search engine or mobile application on keywords including without limitation, Brand, LeoVegas, LeoVegas Casino, or LeoVegas Sport trademarks, and/or variations thereof or words that are confusingly similar, or
c. use of the Brand, and/or LeoVegas, LeoVegas Casino, LeoVegas Sport and/or variations thereof or words that are confusingly similar as a name of a mobile application or name of the of the developer/operator of the mobile application Group during the term of this Agreement or thereafter. In the event of a breach of this Clause, We will be entitled to exercise all means available to enforce or defend Our rights with respect in any given territory, and You shall fully comply with Our requests immediately and without delay.
4.16 Limitations on URLs
The use of Leo Vegas brand names, including without limitation Leovegas, LeoVegas, Leo Vegas, LeoVegas Casino, LeoVegas Sport or LeoVegas Poker trademarks or any variation of these names or any use of any words that are confusingly similar, in affiliate URLs is restricted and prohibited. Our Brand name may not be used in a derivative URL or Subdomain. For example:
www.Yoursite.com/leovegas.html – ALLOWED leovegas.Yoursite.com – NOT ALLOWED http://www.YoursiteLeoVegas.com/ – NOT ALLOWED.
4.17 Restricted Territories
Please note that individuals who are residents of, Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Bulgaria, Burkina Faso, Burundi, Cape Verde, Cambodia, Cameroon, Central African Republic, Chad, Chile, China, Costa Rica, Cook Islands, Colombia, Comoros, Congo, Democratic Republic of the Congo, Croatia, Cuba, Curacao, Czech Republic, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Fiji, France, Gabon, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Guinea Bissau, Guyana, Haiti, Honduras, Hungary, India, Indonesia, Iran, Iraq, Israel, Japan, Jamaica, Jordan, Kazakhstan, Kenya, North Korea, South Korea, Kiribati, Kyrgyzstan, Kosovo, Kuwait, Laos, Lebanon, Lesotho, Liberia, Libya, Macedonia, Madagascar, Malawi, Malaysia, Maldives, Mali, Marshall Islands, Mauritius, Mauritania, Mexico, Micronesia, Monaco, Moldova, Mongolia, Morocco, Montenegro, Mozambique, Myanmar, Namibia, Nauru, Nepal, Nicaragua, Nigeria, Niger, Oman, Palau, Pakistan, Panama, Papua new Guinea, Paraguay, Peru, Philippines, Poland, Rwanda, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, San Marino, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Zimbabwe, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, St. Kitts and Nevis, Sudan, South Sudan, Suriname, Swaziland, Syria, Taiwan, Tajikistan, Tanzania, Thailand, Togo, Tonga, Trinidad and Tobago, East Timor, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine, United Arab Emirates, United States of America, Uruguay, Uzbekistan, Vatican City, Vanuatu, Vietnam, Yemen, Zambia, or any other jurisdiction where participation would be in conflict with any Applicable Law are not allowed to register and play at any of the LeoVegas sites.
We further cannot accept any traffic coming from .nl sites, third party marketing specifically for The Netherlands and/or any marketing activities in Dutch.
We reserve the right to update this list at any time and to take legal measures against You should You advertise LeoVegas to any individuals within the aforementioned jurisdictions.
4.18 Restricted Terms
The use of the term ‘Rakeback’ when promoting Our Products and services is prohibited.
4.19 Information Security
You are obliged to abide by the LeoVegas Information Security Policy at all times.
5.0 Affiliate Deal Payment Models
Subject to your compliance with these Terms, we will pay to you the Commission in accordance with this paragraph 5.
You acknowledge and agree that:
(a) The payment of Commission to you in respect of any gambling transaction by a referred Player depends upon the following: the Player must make a minimum stake (not including bonuses, free spins, deposit matches or other offers or incentives) of £10 (the “Commission Threshold”). We will pay Commission where we are satisfied that a player is a genuine referred Player and only after payment of the Commission Threshold has occurred and there has been no subsequent cancellation or chargeback.
(b) The following individuals may not and will not qualify as Players: (i) you; (ii) your friends and/or acquaintances; (iii) your close family members and other members of your household; and/or (iv) your employees or consultants contracted on a permanent basis to you.
(c) In the event that you do not deliver at least one (1) Player in any given calendar month, we will have the right, in our absolute discretion, either (a) to reduce the amount of your Commission; or (b) to terminate these Terms and your participation in the Affiliate Programme.
(d) In respect of the following Brands, Commission shall be payable to you in relation to non-UK Player(s) only:
• www.21.co.uk; and
The Commission will be calculated and paid as follows:
(a) In order to calculate the Commission due to you, we will use trackers and/or marketing codes provided by us to you. You must use these correctly and in accordance with any instructions that we give you. You agree that we will have no obligation to pay you any Commission if you fail to use the trackers or marketing codes provided to you, or use them incorrectly.
(b) We will account to you for the Commission due to you on a calendar month basis. Usually, if Balances Carried Over in any calendar month is a negative amount, we will not carry forward the negative month-end balance to the next month but will instead treat the calculation of Net Revenue for the next month as commencing at zero. However, we reserve the right to carry forward any negative balances in our absolute discretion (or alternatively exclude any Turnover generated by a Player from the calculation of Gross Revenue) where we consider that such negative balance (or Turnover) has arisen through extraordinary or occasional events, which for these purposes shall include
(without limitation) where a Customer wins a large amount and immediately restakes his/her winnings.
Please refer to Your account on Netrefer for specific information regarding Your payment model.
5.1 Payment Options
We will accrue and withhold Commission until the total amount due is at least £100. Payment will be made by wire transfer using the details provided by you to us in your Application Form.
Should You fail to register a valid payment method and full correct details upon acceptance of these Terms and Conditions, LeoVegas will not contact You to inform You to update Your details.
We shall not be liable to You in any manner whatsoever for late payments due to technical, third party or any other unforeseen events arising although we endeavor to process the Fees earned by You in the previous calendar month by the 15th of the following month.
LeoVegas will endeavour to make sure all Referred Players are cross-tracked to Products that You have chosen to promote, should a Referred Player choose to play a product other than the Product advertised, i.e. a Player referred to LeoVegas Casino, who then goes on to play at LeoVegas Sport.
6.0 Term and Termination
The term of this Agreement will commence on approval of Your registration by LeoVegas in accordance with Clause 1 and shall continue until terminated on notice by either Party.
Notice of termination shall be given in writing by either Party to the other at any time. For the purposes of notification of termination, delivery via e-mail will be considered as a written and immediate form of notification and the Agreement shall accordingly terminate with immediate effect.
We reserve the right to terminate this Agreement immediately upon any breach of this Agreement by You or Your Affiliate Network.
For the avoidance of doubt, in the event of multiple accounts being held by You, We reserve the right to terminate each account separately, or to exercise any termination right which emerges in relation to one account against other accounts, at Our sole discretion.
6.3 Consequences of Termination
In the event of termination of this Agreement for any reason:
You will return to Us any Confidential information and/ or Customer Information, and all copies of it in Your possession, custody and control and will cease all uses of any Licensed IP. You will take immediate steps to transfer ownership to LeoVegas of any derivative
URL established by You, at a cost to LeoVegas not exceeding that incurred by You in registering the derivative URL, but not the costs incurred in developing the derivative URL. You and LeoVegas and our electronic cash provider, suppliers, contractors, agents, their directors, officers, employees, and representatives shall be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement. Termination will not exculpate You from any liability arising from any breach of this Agreement, that occurred prior to termination and shall not affect or limit in any way Our rights pursuant to the Clause 10.1 or 10.4 hereof. You will only be entitled to unpaid Fees (if any) earned by You on or prior to the date of termination. However, if You have committed a breach of this Agreement, You shall not be entitled to any unpaid Fees generated after the breach occurred, irrespective of whether this Agreement has been terminated or otherwise, until such breach is remedied. You will not be entitled to any revenue generated after the date of termination. LeoVegas may withhold the final payment for up to three months to ensure that the correct amount has been calculated and paid. If We continue to permit activity (generation of revenue) from Customers after termination, this shall not and shall not be construed to constitute a continuation or renewal of this agreement or a waiver of termination.
7.0 Relationship of Parties
We are independent contractors, and nothing in this Agreement will create any legal partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties. You shall have no authority to make or accept any offers or representations on Our behalf. You shall not make any statement, whether on Your site or otherwise, that conflicts with this Clause 10.1.
For the avoidance of doubt, You shall be solely responsible for the actions of Your Affiliate Networks and for monitoring Your Affiliate Networks to ensure compliance with the terms of this Agreement. You shall be held solely responsible for a breach of the terms of this Agreement by Your Affiliate Network, and We shall be entitled to take any action against You, without limitation, available under this Agreement in respect of such breach.
8.0 Local legislation
You will not be treated as an employee with respect to the Employment & Industrial Relations Act (Cap. 452) or any other statute, ordinance, rule, or regulation of any country whatsoever similar in purpose to the aforementioned Act.
9.0 Representation of LeoVegas
You shall not make any claims, representations, or warranties in connection with LeoVegas and You shall have no authority to, and shall not, bind Us to any obligations outside of this Agreement, unless agreed to in writing by LeoVegas.
10.0 Indemnity, Disclaimers and Limitation of Liability
Without prejudice to Our rights under Clause 10.4., You shall defend, indemnify, and hold LeoVegas and Our electronic cash providers, suppliers, contractors, agents, their directors, officers, employees, and representatives harmless from and against any and all
liabilities, losses, damages, and costs, including reasonable attorney’s fees, resulting from, arising out of, or in any way connected with
– any breach by You of any warranty, representation, or agreement contained in this Agreement, – the performance of Your duties and obligations under this Agreement, – Your negligence, or – any injury caused directly or indirectly by Your negligent or intentional acts or omissions, or the unauthorized use of Our banners, copies and link or this Affiliate Program;
– all claims, damages, and expenses (including, and without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of Your site;
– any proceedings, penalties or sanctions imposed by the relevant authorities as well as any costs and expenses of legal representation, attorney’s fees; incurred in relation, arising out of or result from any breach or non-compliance, non-performance of this Agreement or any part thereof, or non-compliance with Applicable Law.
We make no express or implied warranties or representations with respect to the Affiliate Program, LeoVegas or payment arrangements (including, without limitation, their functionality, warranties of fitness, Product-ability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, We make no representation that the operation of Our site (including service and tracking) will be uninterrupted or error-free. We will not be liable for the consequences of any such interruptions or errors.
10.3 Limitation of Liability
Your liability, whether under contract, tort or otherwise (including any liability for negligent act or omission), shall not be in any manner excluded or limited and shall include, without limitation, also any liability for any indirect and consequential damages incurred by Us or the Group including loss of profits, revenue, business, contracts, anticipated savings.
For the avoidance of doubt, You shall be solely liable towards Us for breaches of this Agreement by Your Affiliate Networks.
We will not be liable for direct, indirect, special, punitive or consequential damages or for any loss, of any nature whatsoever, arising from or in connection with this Agreement or the Affiliate Program, even if We have been advised of the possibility of such damages.
Further, Our aggregate liability arising with respect to this Agreement and the Program shall not exceed 10% of the total Fees paid or payable by Us to You in the previous 6 months from when the respective breach occurred under this Agreement.
Our obligations under this Agreement do not constitute personal obligations of Our directors, officers, consultants, agents or shareholders. Any liability arising under this Agreement shall be satisfied solely from the Fees generated and is limited to direct damages.
10.4 Contractual penalty
Notwithstanding anything to the contrary, in case of Your material breach or threatened material breach of any of the provisions of this Agreement or Affiliate Programme as well as any direct violation thereof, You shall be liable to pay a penalty of fifty thousand Euro (€50,000) to Us for each such individual material breach or threatened material breach of this Agreement as provided herein (hereinafter referred to as ‘Penalty’). The payment of the Penalty to Us shall be without prejudice to Our right to claim compensation for any damage (including without limitation any indirect or consequential damage, loss of profits or any expenses incurred in relation to the material breach or threatened material breach) that exceeds the Penalty, which right shall not be affected nor limited by the payment of the Penalty. Furthermore, without prejudice to the Penalty, We shall be entitled to any seek equitable relief as a remedy for such breach, including injunctive relief concerning any threatened or actual material breach of any of the provisions of this Agreement or the Affiliate Programme as well as any direct violation thereof. For the purpose of this Clause and for avoidance of doubt, a material breach of this Agreement shall mean, without limitation, breach of, non-compliance with or Your non-fulfilment of Your obligations pursuant to the following clauses of these Terms and Conditions: 2.2 (license to use intellectual property), 3.1 (warranties), 4.2 (direct marketing and spam), 4.3 (approved marketing material), 4.4 (approved layouts), 4.5 (marketing compliance), 4.6 (good faith/ethical conduct), 4.8 (Your restrictions), 4.9 (traffic generated through unsuitable medium), 4.10 (manipulation/advising of referred players to the detriment of LeoVegas), 4.11 (confidential information), 4.12 (data protection and privacy), 4.13 (anti money laundering), 4.14 (limitations of advertising), 4.16 (limitations of URLs), 4.15 (trademark infringements), 4.17 (restricted territories), 4.18 (restricted terms). Similarly, material breach of this Agreement pursuant to the foregoing sentence shall, without limitation, also mean any breach of any other parts of this Agreement that cover or otherwise relate to the same subject matter as the previously stated clauses.
The Penalty becomes due as of the moment of the occurrence of the material breach of threatened material breach, and this is not paid on the first demand the late payment interest in the maximum amount provided by laws of Malta shall accrue.
Our rights and remedies in these Terms and Conditions shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision.
You acknowledge that We may, without prejudice to any other right available,
a. immediately suspend Your membership of the Affiliate Program; and/ or
b. in Our absolute discretion, not pay You any funds due to You as Fees.
if You have committed a breach of this Agreement, or if We are not satisfied with the information You are required to provide to us in terms of Clauses 4.2, 4.12 and 4.13.
Additionally, Your account is not active or generating profit through Fee payments, We shall have the right to demand payment of the Penalty as well as any additional payment from You
We further reserve the right to report You to the relevant authorities should We, in Our absolute discretion, determine that We are obliged, to do so in compliance with Applicable Law.
You acknowledge, that damages or a Penalty may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the Parties may be enforceable by specific performance, injunction, or other equitable remedy.
Nothing contained in this Agreement shall limit or affect any of Our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that the enforcement of Our respective rights and obligations shall not be limited in any way.
The rights and remedies outlined in this Clause, and in these Terms and Conditions, may be exercised against any or all of Your multiple accounts in Our sole discretion.
11.0 Governing Law and Jurisdiction
This Agreement will be governed by the laws of Malta. The MGA in Malta has licensed LeoVegas, the operators of the LeoVegas Online Casino, , LeoVegas Sport , under the provisions of the Lotteries & Other Games Act, the Remote Gaming Regulations, and any other subsidiary or complementary legislation applicable in Malta.
Any disputes arising out of or in connection with this Agreement shall be settled by arbitration in accordance with the Arbitration Act (Chapter 387 of the Laws of Malta) as presently in force, and the Rules of the Malta Arbitration Centre or any other competent courts and/or tribunals in Malta. The language of the proceedings shall be English and the arbitration shall take place in Malta.
12.0 Mutual Support
Both Parties shall give each other their mutual support in the giving of effect to the spirit, purpose and object of this Agreement.
You shall comply with, inter alia, all legislation, obligations and requests, as required by LeoVegas or by any authority in accordance with applicable legislation in the jurisdiction in which You or LeoVegas are domiciled or operate in.
You warrant that You will co-operate with LeoVegas fully and promptly in the event the LeoVegas requests information on Your practices and You agree that LeoVegas may monitor such practices to ensure compliance with applicable legislation. Should LeoVegas discover non-compliance with any applicable legislation, LeoVegas reserves the right to take any action which it deems necessary, including but not limited to terminating this Agreement with immediate effect, immediate closure of Your account and withholding all funds due to You. You agree to indemnify LeoVegas for any damages suffered as a result of a breach of this Clause and this Agreement and LeoVegas further reserves the right to take any action to which it may be entitled, in the event that it suffers any damage whatsoever due to Your non-compliance with this Clause or this Agreement.
13.0 Third Parties
Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. For the avoidance of doubt, this Clause shall not apply to Affiliate Networks.
14.0 Assignability and Inurement
You may not assign this Agreement, by operation of law or otherwise, without Our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against You and Us and Your and Our respective successors and assigns.
Our failure to enforce Your strict performance of any provision of this Agreement will not constitute nor be construed as a waiver of Our right to subsequently enforce such provision or any other provision of this Agreement.
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under Applicable Law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.